[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Proposed Rules]
[Pages 1987-1988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-818]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 68, No. 10 / Wednesday, January 15, 2003 / 
Proposed Rules  

[[Page 1987]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 735

RIN: 3206-AJ74


Employee Responsibilities and Conduct

AGENCY: Office of Personnel Management.

ACTION: Proposed rulemaking.

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SUMMARY: The Office of Personnel Management (OPM) is proposing a plain 
language rewrite of its regulations regarding the standards that govern 
employee responsibilities and conduct as part of a broader review of 
OPM's regulations. The purpose of the revisions is to make the 
regulations more readable.

DATES: Comments must be submitted on or before March 17, 2003.

ADDRESSES: Send or deliver written comments to Wade Plunkett, Principal 
Deputy Ethics Official, Office of the General Counsel, Office of 
Personnel Management, Room 7532, 1900 E St., NW., Washington, DC 20415, 
or FAX: 202-606-0082 or e-mail them to [email protected].

FOR FURTHER INFORMATION CONTACT: Wade Plunkett, by telephone at 202-
606-1700; or by FAX at 202-606-0082 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: OPM is revising part 735, which deals with 
employee responsibility and conduct, as part of a larger review of OPM 
regulations for plain language purposes. The purpose of this revision 
to part 735 is not to make substantive changes, but rather to make part 
735 more readable. The proposed regulations have been converted to a 
question-and-answer format, and we have made minor changes to the 
wording to enhance clarity.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal agencies and employees.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

List of Subjects in 5 CFR Part 735

    Conflicts of interest, Government employees.

Office of Personnel Management.
Kay Coles James,
Director.
    Accordingly, OPM proposes to revise part 735 as follows:

PART 735--EMPLOYEE RESPONSIBILITIES AND CONDUCT

    Note: Part 1001, added to this subchapter at 31 FR 873, January 
22, 1966, and revised at 32 FR 11113, August 1, 1967, 36 FR 6874, 
April 9, 1971, and 61 FR 36996, July 16, 1996, supplement this part 
735.

Subpart A--General Provisions

Sec.
735.101 Definitions.
735.102 What are the grounds for disciplinary action?
735.103 What other regulations pertain to employee conduct?

Subpart B--Standards of Conduct

Sec.
735.201 What are the restrictions on gambling?
735.202 What are the restrictions that safeguard the examination 
process?
735.203 What are the restrictions on conduct prejudicial to the 
Government?

    Authority: 5 U.S.C. 7301; E.O. 12674, 54 FR 15159, 3 CFR, 1989 
Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 
Comp., p. 306.

Subpart A--General Provisions


Sec.  735.101  Definitions.

In this part:
    Agency means an Executive agency (other than the General Accounting 
Office) as defined by 5 U.S.C. 105, the Postal Service, and the Postal 
Rate Commission.
    Employee means any officer or employee of an agency, including a 
special Government employee, but does not include a member of the 
uniformed services.
    Government means the United States Government.
    Special Government employee means those officers or employees 
specified in 18 U.S.C. 202(a) except those employed in the legislative 
branch or by the District of Columbia.
    Uniformed services has the meaning given that term by 5 U.S.C. 
2101(3).


Sec.  735.102  What are grounds for disciplinary action?

    An employee's violation of any of the regulations in subpart B of 
this part may be cause for disciplinary action by the employee's 
agency, which may be in addition to any penalty prescribed by law.


Sec.  735.103  What other regulations pertain to employee conduct?

    In addition to the standards of conduct in subpart B of this part, 
an employee shall comply with the standards of ethical conduct in 5 CFR 
part 2635, as well as any supplemental regulation issued by the 
employee's agency under 5 CFR 2635.105. An employee's violation of 
those regulations may cause the employee's agency to take disciplinary 
action, or corrective action as that term is used in 5 CFR part 2635. 
Such disciplinary action or corrective action may be in addition to any 
penalty prescribed by law.

Subpart B--Standards of Conduct


Sec.  735.201  What are the restrictions on gambling?

    (a) While on Government-owned or leased property or on duty for the 
Government, an employee shall not conduct or participate in any 
gambling activity, including operating a gambling device, conducting a 
lottery or pool, participating in a game for money or property, or 
selling or purchasing a numbers slip or ticket.
    (b) This section does not preclude activities:
    (1) Necessitated by an employee's official duties; or
    (2) Occurring under section 7 of Executive Order 12353 and similar 
agency-approved activities.


Sec.  735.202  What are the restrictions that safeguard the examination 
process?

    (a) An employee shall not, with or without compensation, teach, 
lecture, or write for the purpose of the preparation of a person or 
class of persons for an examination of the Office of Personnel 
Management (OPM) or Board of

[[Page 1988]]

Examiners for the Foreign Service that depends on information obtained 
as a result of the employee's Government employment.
    (b) This section does not preclude the preparation described in 
paragraph
    (a) of this section if:
    (1) The information upon which the preparation is based has been 
made available to the general public or will be made available on 
request; or
    (2) Such preparation is authorized in writing by the Director of 
OPM, or his or her designee, or by the Director General of the Foreign 
Service, or his or her designee, as applicable.


Sec.  735.203  What are the restrictions on conduct prejudicial to the 
Government?

    An employee shall not engage in criminal, infamous, dishonest, 
immoral, or notoriously disgraceful conduct, or other conduct 
prejudicial to the Government.
[FR Doc. 03-818 Filed 1-14-03; 8:45 am]
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